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The Pamphlet Collection of Sir Robert Stout: Volume 32

Constitution

Constitution

of Great Britain and that of the United States. The constitution of the former is unwritten, and has been moulded from time to time as circumstances required. The parliament of Great Britain has supreme authority to make, re-peal, or modify any law it pleases, and the judges have no power to call in question the validity of any statute passed, although they may be of opinion that it is unjust or even unconstitutional in the sense in which the latter word is used in England. Moreover, one parliament cannot pass an Act fettering in the slightest degree the power of a subsequent one; but even there the word "supreme" must be understood in a relative sense—the ultimate power being in the people. The constitution of the United States, however, is a written one, and any Act passed by Congress which conflicted with its terms would be inoperative and disregarded by the judges; or, if necessary, declared illegal. Each State also has its own written constitution, and any law of the State Legislature passed at variance with its provision would be declared unconstitutional. There is, however, a page 3 broad distinction between a statute passed by Congress, and one passed by a State legislature. The former can legislate only on matters specifically authorised by the Federal Constitution, whereas the latter can pass laws relating to all matters not expressly prohibited by the federal or local constitution. In referring to the power possessed by